kit totalprotect golddeals.totalprotect.com/global/filelib/fullfilment_kits/... · 2014. 2. 6. ·...

25
Welcome to TotalProtect ® Gold SAMPLE WELCOME KIT Saving Money at Home Just Got a Whole Lot Easier!

Upload: others

Post on 06-Feb-2021

1 views

Category:

Documents


0 download

TRANSCRIPT

  • Welcome toTotalProtect® Gold

    SAMP

    LE

    WELCOM

    E

    KIT

    Saving Money at Home

    Just Got a

    Whole Lot Easier!

  • 2

    * See terms, conditions

    , and limitations in the

    contract enclosed in th

    is kit. Covered systems

    and appliances must be

    in good working

    order at time of activ

    ation. Non-covered cha

    rges may apply to certa

    in repairs and replaceme

    nts.

    Dear TotalProtec

    t Customer,

    I’d like to person

    ally welcome you

    to TotalProtect G

    old: The home se

    rvice plan

    that not only prote

    cts your importan

    t covered home sy

    stems and applian

    ces, but

    also protects you

    r budget – 24/7, 3

    65 days a year. T

    he odds are now

    in your favor.

    Before you had

    TotalProtect Go

    ld, your risk of p

    aying thousands

    of dollars to

    replace a major sy

    stem or appliance

    was very high. B

    ut now, you’ve r

    educed that

    risk! With TotalP

    rotect Gold, one

    low deductible pa

    ys for the covere

    d repair or

    replacement of yo

    ur covered home

    systems and app

    liances. And unl

    ess there’s

    another home on

    your street with

    TotalProtect Gold

    ’s coverage – incl

    uding your 4

    seasonal home tu

    ne-ups – you can

    consider yourse

    lf (and your budg

    et) among the

    best protected in

    your neighborho

    od.

    Please take this o

    pportunity to rea

    d through this G

    uide at your conv

    enience.

    It contains every

    thing you need to

    know about Tota

    lProtect Gold – f

    rom how

    to take advantage

    of all your benefi

    ts and savings to

    your personalize

    d warranty

    number and info

    rmation on how

    to enjoy signific

    ant discounts on n

    ew appliances.

    Once again, I’d l

    ike to welcome y

    ou to TotalProtec

    t Gold where we

    are

    committed to pro

    viding you with

    exceptional servi

    ce, savings and p

    rotection

    every single day

    of the year.

    Sincerely,

    Sandi Finn

    President, TotalP

    rotect Gold

  • 3

    Benefits At-a-Glance

    How to Use TotalProtect Gold

    Your Covered Systems and Appliances

    One Call… Thousands in Savings

    A 24/7 Hotline with Exclusive Service Access

    Frequently Asked Questions

    Certificate of Coverage

    Additional Information

    Inside Your Benefits Guide

  • 4

    * See terms, conditions, and limitations in the contract enclosed in this kit. Covered systems and appliances must be in good working order at time of activation. Non-covered charges may apply to certain repairs and replacements.

    Since most of us don’t have thousands of dollars to spare on the repair or replacement of major home systems and appliances, it’s important to have TotalProtect Gold around to pay the bill for you. For less than a cup of coffee per day, you can relax knowing your home and budget are protected.

    24/7 Hotline Access When something breaks down at your home, just visit us at www.PlaceMyClaim.com or call TotalProtect Gold toll-free any time of the day or night to schedule a pre-screened service professional to come to your home.

    Instant Savings Remember: whether your covered system or appliance needs repair or replacement, you’ll typically pay just a low service call fee and TotalProtect Gold will pay the rest up to $50,000. And of course, your benefits include 4 home maintenance “tune-ups” per year...our 103 checklist helps make sure your systems and appliances are running at maximum efficiency.*

    No Inspection Required It doesn’t matter the age of your systems and appliances…or what make or model they happen to be – they’re covered.*

    Pre-existing Condition CoverageAs long as your systems and appliances are currently in good working order, you’re covered against future problems due to rust, corrosion, water sediment, and other unknown pre-existing conditions.*

    Appliance Discounts You can use TotalProtect Gold’s Appliance Buyline® for deep discounts off the suggested retail price of brand name appliances – and get them professionally installed in your home – at a discount, of course.

    Benefits At-a-Glance: The Savings and Convenience of TotalProtect Gold Start Here.

    How To Use TotalProtect GoldYes, you can save a lot of money with TotalProtect Gold. But how easy is it to use? We’ve designed TotalProtect Gold for your convenience, so that enjoying the benefits are as easy as 1-2-3.

    1 If you need TotalProtect Gold assistance, simply visit www.PlaceMyClaim.com or call 1-800-474-4047 and provide your Warranty Number.

    2 We can set up a conference call with a pre-screened service professional or you can call the provider at your leisure.

    3 Set up the best day and time for the service visit.No matter the age, make or model of your system or appliance, your service specialist will repair the covered item so it’s working properly. If it can’t be repaired, then TotalProtect Gold will replace it.*

  • 5

    TotalProtect Gold protects you against the high cost of repair and replacement for the systems and appliances you use the most. Plus with your 4 seasonal “tune-ups”, your home can run at greater efficiency so you can save big money on energy bills too! From the kitchen to the bathroom to the laundry room and everywhere in between, TotalProtect Gold has been designed to keep your home up and running. It’s all about saving you money and worry while making your life easier every single day.

    Your Covered Systems & Appliances

    Heat Pump

    Range Fan

    Refrigerator w/ice maker and water dispenser (built-in)

    Heating System

    Air Conditioning System

    ElectricalSystem

    Plumbing System

    GarbageDisposal

    OvenStoveRange

    Dishwasher(built-in)

    WaterHeater

    HeatPump

    Microwave(built-in)

    Clothes Washer and Dryer

    TrashCompactor(built-in)

    CeilingFan

    Range Exhaust Fan

    Garage Door Opener

    AccessibleDuctwork

  • One Call...Thousands In $avings

    6

    Imagine getting a new air conditioning system, a new furnace, a new refrigerator or even a new clothes washer for the low cost of your service call fee. Well, that’s the way it works with TotalProtect Gold.*

    When any of the covered systems or appliances in your home break down, just visit us at www.PlaceMyClaim.com or give us a call and we’ll send a qualified, pre-screened service professional to repair the item. If it can be repaired, we’ll fix it to meet TotalProtect Gold’s superior standards. But that’s not all: you’ll also receive our 6-Month Service Guarantee. That means you won’t pay a cent if the problem reoccurs due to a workmanship issue and needs subsequent repairs.

    But what if it can’t be repaired? No problem. TotalProtect Gold will replace the covered system or appliance with a new one of comparable features. That could mean savings of up to

    $50,000 on the replacement of items like your water heater, refrigerator, or your air conditioning system.* That’s more potential savings for you to use for so many other things!

    With TotalProtect Gold on your side, you don’t have to run the risk of unexpected, costly breakdowns any longer.

    You are now RISK-FREE!* See terms, conditions, and limitations in the contract enclosed in this kit. Covered systems and appliances must be in good working order at time of activation. Non-covered charges may apply to certain repairs and replacements.

  • A 24/7 Hotline with Exclusive Service Access

    7

    Whether you have an emergency, or just need us to take a look at something, the TotalProtect Gold hotline is open 24 hours a day, 365 days a year – so you’re never alone when you need help. Just think, you’ll never again have to search through the Yellow Pages desperately searching for someone who might do a good job and who you hope won’t overcharge you.

    With TotalProtect Gold, just dial our toll-free number, let us know the day and time that work best for you and we’ll send one of our qualified service professionals in your area directly to your home. Every one of our service companies has been pre-screened for your satisfaction, so there’s no need to worry about the job getting done right - that means you can sit back and relax while we do all the work!

    DEEP DISCOUNTS OFF APPLIANCES – INSTANTLY – WITH TOTALPROTECT GOLD’S APPLIANCE BUYLINE® DISCOUNT BUYING SERVICE.

    Ready to upgrade your clothes washer… stove… maybe a new dishwasher as a special gift for yourself? Just call 1-800-474-4047 and speak with a TotalProtect Gold representative who will help you find what you need at BIG savings off the manufacturer’s suggested retail price. Do you need it professionally installed? Your representative will set that up for you also – at a discounted price, of course.

  • Your 4 seasonal maintenance “tune-ups” include 103 items to be checked by your service professional. That’s 103 things you don’t have to worry about anymore!

    17-POINT HEATING AND COOLING SERVICE LIST*1. Check and clear primary & secondary condensate lines and pans2. Inspect evaporator coil if accessible3. Inspect condenser coil4. Check system operating pressures (Freon levels)5. Test temperature rise and drop of furnace, A/C and heat pump6. Check belts and pulleys; adjust if necessary7. Lubricate motors if oil ports are accessible8. Inspect filter; replace if customer has a replacement filter9. General inspection of wiring in the furnace and the A/C units10. Check amp draw of evaporator motor11. Check amp draw of condenser motor12. Check amp draw of compressor13. Inspect furnace chambers and burners14. Check controls and safeties on furnace15. Visual inspection of expose flue pipe16. Check thermostat operation17. Check crankcase heater operation for heat pumps

    16-POINT PLUMBING SERVICE LIST18. Inspect faucets for leaks19. Flush 1 gallon water from the water heater if the valve is in

    working order20. Check water pressure in home21. Inspect accessible, exposed drain lines for signs of leaks

    22. Inspect accessible water lines for signs of leaks23. Check to see if sump pump is working24. Test water heater operation25. Check for slow drains in bathtubs and sinks26. Check operation of water heater elements (electric)27. Check amp draw of water heater elements (electric)28. Check operation of water heater gas burner (gas)29. Check thermocouple on water heater (gas)30. Check gas valve on water heater (gas)31. Check flue pipe for deterioration on water heater (gas)32. Inspect shower tiles for obvious cracking or separation33. Check to see if the garbage disposal is working properly

    12-POINT ELECTRICAL SERVICE LIST34. Pull and check main panel35. Check wiring36. Tighten screws and lugs on breakers37. Apply nolac mix on aluminum wires38. Check for double tapped breakers39. Check for over loaded circuits40. Make sure main breaker size matches SEC cable into home.41. Check all outlets with tester looking for open grounds, neutral

    wires and proper polarity42. Test/inspect GFCI outlets and breakers43. Make sure sump pump outlets have power and test sump pumps44. Survey for proper surge protection45. Check smoke detector batteries. Replace standard batteries

    (9 volt) if needed

    TotalProtect Gold’s 103-POINT CHECKLIST

    8

  • 58-POINT APPLIANCE SERVICE LISTWasher46. Check/adjust leveling of unit47. Check lid switch operation48. Check operation of all console controls49. Check/tighten water connections50. Check for water leakage51. Check for oil leakage in transmission

    area52. Check drive belt53. Check tension of drive belt and pulleys54. Check pump-out timing (within specs)55. Check tub springs for correct positioning

    Dryer56. Check/tighten supply connections

    (gas/electric)57. Check/adjust leveling of unit58. Check operation of all console controls59. Check cycling of heat thermostats60. Check/clean blower wheel area61. Check dryer belt62. Check rollers and glides63. Check heater wiring/gas valve

    connections64. Clean lint from inside cabinet and filter65. Check lint filter66. Check venting for proper airflow67. Clean out dryer vent lines

    Range68. Check/adjust oven door gaskets69. Check/lube oven door latch assemble70. Check surface burner operations71. Check broiler operation72. Check oven operation73. Check/adjust oven thermostat74. Check electronic ignition system75. Check ERC/KRC delayed oven operation76. Check/replace oven light77. Check/tighten gas/electric supply

    connections

    Refrigerator78. Check/clean condenser coils79. Check/clean defrost drain pan80. Check/tighten water line connections81. Clean/lube door gaskets82. Check/adjust leveling for proper door

    closure83. Check/align door hinges as needed84. Check/clean air return ducts85. Check fresh food/freezer air temps86. Check humidity/crisper bin control

    settings87. Check defrost controls

    Dishwasher88. Check/clean spray arms for proper

    operation and cracks89. Check fill for proper level and clean

    inlet screen90. Check all gaskets for possible leaks and

    repair if necessary91. Check detergent/drying agent dispensers92. Check timer and electrical components93. Check for proper level and re-level (if

    needed)94. Check water temperature and advise

    customer if it is not hot

    Microwave95. Check oven door alignment96. Check for proper operation of interlocks97. Check for microwave leakage98. Check control operations99. Check/clean antenna assembly100. Check/clean antenna grease shield101. Check oven cavity for spot arching102. Check wattage output of unit103. Check/replace oven light

    TotalProtect Gold’s 103-POINT CHECKLIST Keeps Your Home Up and Running

    9

  • 10

    Do I need TotalProtect Gold if I already have a homeowners policy?

    Does TotalProtect Gold cover older systems and appliances?

    What if I have new systems and appliances... do I still need TotalProtect Gold?

    Will TotalProtect Gold pay for itself?

    What do my 4 seasonal “tune-ups” include?

    What kind of pre-existing conditions do you cover?

    YES. Most homeowners policies do not cover repair or replacement of systems and appliances caused by mechanical failure. That’s why there’s TotalProtect Gold!

    OF COURSE. TotalProtect Gold provides repair or replacement of your covered systems no matter their age, make or model.*

    YES. Remember, it doesn’t matter how old or how new a system or appliance is – something could go wrong at any moment. From your air conditioning and electrical systems to your refrigerator, stove and even your clothes washer, you’re protected with TotalProtect Gold.

    ABSOLUTELY. When you compare TotalProtect Gold’s low monthly cost to the $4,000 it could cost to replace an a/c system or $3,000 for a new furnace, it’s easy to see that you can save thousands of dollars with one service call!

    Simply make an appointment during the maintenance eligibility time frames shown on the enclosed Coverage Summary. Each visit covers a specific area: Plumbing, heating and cooling, electrical and appliances. In total, 103 checkpoints will be covered.

    As long as your covered systems and appliances are currently in good working order, you’re covered for future failures caused by problems you didn’t know existed… like rust and corrosion, water heater sediment and a lot more.*

    Q AAA

    A

    A

    A

    QQ

    Q

    Q

    Q

    Frequently Asked Questions

    * See terms, conditions, and limitations in the contract enclosed in this kit. Covered systems and appliances must be in good working order at time of activation. Non-covered charges may apply to certain repairs and replacements.

  • Warranty No.«00000000»

    11

    This Certificate Entitles You

    To All TotalProtect Gold Services and Discounts

    Coverage Includes:

    Air Conditioning System • Heating System • Plumbing System • Electrical System

    Water Heater • Refrigerator with Icemaker (built-in) • Refrigerator with Water Dispenser (built-in)

    Stove • Microwave (built-in) • Ceiling Fan • Garbage Disposal • Trash Compactor (built-in)

    Clothes Washer • Clothes Dryer • Dishwasher (built-in)

    Garage Door Opener • Rust and Corrosion

  • 12

    S A MP L E

    This Home Service Agreement, hereinafter referred to as the “Agreement”, is issued by the entity listed for your state on the Coverage Summary page. Such entity is hereinafter referred to as the “Issuing Company”, or “we”, “us”, and/or “our”. The owner of the home covered by this Agreement is hereinafter referred to as “you” and/or “your”. This is a Home Service Agreement, not an insurance policy.

    This Agreement is intended to provide protection against the cost of repairing certain types of mechanical failures of specific Items in your home. Please read the Agreement carefully. Coverage includes only certain mechanical failures of the specific Items listed as covered on your Agreement Coverage Summary and excludes all other failures and/or Items. The Agreement Coverage Summary is attached to and made a part of this Agreement. Coverage is subject to the limitations and conditions specified in this Agreement.

    This Agreement has provisions for the use of final and binding arbitration to resolve disputes and otherwise limits the remedies available to you. Please see DISPUTE RESOLUTION section for more information about arbitration.

    I. BASIS FOR COVERAGEWe agree to pay the covered costs to repair or replace the Items listed as covered on your Agreement Coverage Summary (“Covered Items”) if any such Covered Items become inoperable during the term of this Agreement due to mechanical failure caused by routine wear and tear, subject to the terms and conditions of this Agreement. Determination of coverage for any claim will be made solely by us, considering, without limitation our independent service contractor’s diagnosis. We reserve the right, at our option, to replace Covered Items rather than repair them. The definitions of the specific Items that may be listed on your Agreement Coverage Summary as covered, as well as other limitations on coverage and other terms and conditions, are listed below.This Agreement covers only mechanical failures relating to the mechanical parts and components of those domestic-grade Covered Items that were in the home and in proper operating condition on the Agreement effective date. “Domestic-grade” items are those that were designed and/or designated by the manufacturer, manufactured and marketed solely for installation and use in a residential single family dwelling. “Mechanical failure” occurs when a Covered Item becomes inoperable and unable to perform its designed function, subject to the limitations and conditions set forth herein. Mechanical failure is not covered if it is due to lack of routine care and maintenance or misuse. We will cover a unknown pre-existing mechanical failure provided the failure could not have been detected by visual inspection or simple mechanical test prior to the effective date of the Agreement. A visual inspection of the Covered Items is considered to mean the viewing of an Item to verify that it appears structurally intact and without damage or missing parts that would indicate inoperability. A simple mechanical test means the ability to turn the unit off and on verifying the Item operates without irregular sounds or smoke that may indicate a problem. In certain instances, we may require documentation from you during a claim review.Mechanical failure of kitchen/laundry appliances, air conditioning system and heating system due to rust and corrosion is not covered, unless such failure occurs after the Agreement effective date. The Covered Items will be deemed to have been in “proper operating condition” on the Agreement effective date if it was correctly located within the home, was properly installed to code at the time of installation, was fully connected, was capable of successfully performing all operations commensurate with the manufacturer’s original design intention, and did not pose any hazard to life or property. Determination of the operating condition as of Agreement effective date, and the nature of any failure, will be made by us based upon the professional opinion of our direct employees, considering, without limitation, our independent service contractor’s diagnosis.

    II. DEFINITION OF ITEMSThis Agreement provides coverage only for those Items specifically listed as being covered on your Agreement Coverage Summary. Please refer to your Agreement Coverage Summary. This Agreement defines precisely what mechanical systems and appliances, and which of their parts and components, are covered; only those Items specifically so described are covered, subject to the limitations and conditions herein. The Items listed in this section as “Examples of Items/Conditions Not Covered” are not meant to be all-inclusive and are provided for illustration. They do not limit our right to decline coverage for Items not on the lists and should not in any way be deemed an expansion of Items specified as Covered.1. Kitchen/Laundry Appliances Description of Covered Items: Mechanical parts and components affecting the proper operation of one (1) of each of the following appliances located in the primary kitchen: refrigerator or combination refrigerator/

    freezer; built-in dishwasher; built-in microwave oven; range/oven/cook-top; self-contained range exhaust unit located above the range; and built-in trash compactor. Kitchen appliance coverage is only for primary units. Mechanical parts and components affecting the proper operating condition of one (1) of each of the following appliances are also covered: clothes washer and clothes dryer. Covered mechanical parts and components include only the following: icemakers, and ice and water dispensers built into the primary refrigerator; automatic soap dispenser; belts; compressor; condensers; control timers (oven/range clock-timers are excluded unless failure prohibits normal cooking function); clothes dryer heating elements; clothes dryer drum rollers; defrost heaters; electronic components; evaporators; fan motors; gas valves; hinges; hoses; ignitor and pilot assemblies; internal wiring; latch assemblies (excluding self cleaning latch mechanisms); motors; power cords; pulleys; pumps; ram assembly; range/cooktop/heating elements/burners (sensi-temp elements/burners will be replaced only with standard elements/burners); solid state control boards; switches and relays; thermostats; touch pads; tracks; transmissions; wash arm assemblies (dishwasher only); and water valves (dishwasher and

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 13

    S A MP L E

    clothes washer only). In no event shall we be liable for claims in excess of $1,000 in the aggregate per appliance per Agreement term for commercial-like or ultra-premium appliances (see VI. General Exclusions and Limitations, Item 8.) Examples of Items/Conditions Not Covered: Automatic deodorizers; buckets; commercial units; damage to clothing; doors; door cables; door glass; door seals; drawers; drip pans; drums; exhaust fan not solely for venting range/cooktop fumes; filters and screens; food spoilage; standalone or self contained icemakers and ice/water dispensers; water supply lines; independent telescoping range exhaust; interior lining; internal shelves; knobs and handles; light bulbs and fixtures; lock and key assemblies; panels and/or cabinetry; racks; removable minitubs; rollers other than clothes dryer drum rollers; rooftop exhaust units; rotisseries and probes; secondary units; self cleaning mechanisms including door latches; sensi-temp/sensi-heat burners; shelves; springs; stand-alone freezers; structural components; timers and clocks; trays; tubs; venting; washing machine agitators; conditions of water flow restriction due to scale, minerals and other deposits.

    2. Primary Central Air Conditioning/Cooling System Description of Covered Items: Mechanical parts and components of a centrally ducted air conditioning system or evaporative (swamp) cooler unit, as follows: accessible ductwork from the air conditioning unit to the

    point of attachment at registers/grills; air handler; blower fan motors; capacitors; compressors; condensers; condenser fan motors; condenser coils; evaporator coils; fan blades; refrigerant gas lines interior to the unit; internal system controls; internal wiring; motors (excludes dampers); primary/secondary condensate drain pans; refrigerant (excludes reclamation); refrigerant filter dryer; refrigerant piping (excluding inter-connecting line sets and geo-thermal piping); relays; reversing valves; switches and controls; and thermostats (electronic set back units will be replaced only with standard units). We cover one (1) system with maximum of five (5) ton capacity, and designed for single-family residential use. If the primary cooling system in the home is comprised of wall units, three (3) wall units will be covered. Examples of Items/Conditions Not Covered: Primary/secondary condensate, pumps, and lines; asbestos insulated ductwork or piping; concrete encased or inaccessible ductwork; dampers; filters (including electronic/electrostatic and de-ionizing filter systems); fossil fuel control systems and other energy management systems and controls; geothermal piping; heat recovery unit; humidifiers; interconnecting refrigerant lines (external of the equipment); panels and/or cabinetry; registers and grills; recapture/reclaim of refrigerant; structural components; water pumps, valves and lines (external of the condenser unit); wall units (except as noted above); window units, and water cooling towers. Gas systems, including ammonia systems, and chilled water systems, are not covered.

    3. Primary Central Heating System Description of Covered Items: Mechanical parts and components of one (1) system, either hot water and steam heating system or centrally ducted forced air/gas/electric heating system or electric baseboard units, if

    providing the primary source of heat in dwelling, as follows: accessible ductwork from covered heating unit to point of attachment to register/grill; blower fan motors; burners; controls; fan blades; heat/cool thermostats (electronic set back units will be replaced only with standard units); heat exchangers; heating elements; ignitor and pilot assemblies; internal system controls, wiring, and relays; motors (excludes dampers); and switches. Electric baseboard units are covered if they are the primary source of heating for the property. In no event shall we be liable for claims in excess of $1,500 in the aggregate per Agreement term, per covered property for systems that have been converted from coal-to-oil, coal-to-gas, or oil-to-gas; or for hot water or steam heating systems including radiators, vent pipes/lines, or oil fired forced air systems. Examples of Items/Conditions Not Covered: Chimneys, flues, and liners; cleaning and re-lighting of burners; concrete encased or inaccessible ductwork; concrete encased steam or radiant heating coils or lines; conditions of water flow restriction due to scale, minerals and other deposits; fossil fuel control systems and other energy management systems and controls; dampers; asbestos insulated ductwork or piping; electric baseboard heat unless primary heating system in home; filters (including electronic/electrostatic and de-ionizing filter systems);fireplaces and their respective components and gas lines; free-standing or portable heating units; fuel storage tanks, lines, and filters; gas log systems, including gas feed lines; humidifiers; inaccessible water/steam lines leading to or from system; individual space heaters; maintenance and cleaning; panels and/or cabinetry; pressure regulators; radiant heating systems built into walls, floors or ceilings; registers and grills; secondary units; solar heating devices and components; and structural components.

    4. Plumbing System/Plumbing Pipes Description of Covered Items: Mechanical parts and components of the following: garbage disposal; interior hose bibs; shower and tub valves; faucets, should we choose to replace a faucet the replacement will be

    builder’s standard; toilet tanks, bowls, and toilet mechanisms within the toilet tank. The clearing of plumbing stoppages using standard snake/auger systems, of drain, waste or vent lines up to 100 feet from point of access where accessible ground level cleanout is existing, and which can be cleared with standard cable. Request to clear the same line(s) after fourteen (14) days time has elapsed will be considered a new claim and require a new deductible. Leaks and breaks, of water, gas, drain, waste and vent lines/pipes within the perimeter of the main foundation are also covered. We cover up to three (3) toilets. Examples of Items/Conditions Not Covered: All plumbing in or under the ground, foundation or slab; all piping and plumbing outside of the perimeter of the foundation; any piping or plumbing in a detached structure; bath tubs; bidets; caulking or grouting; color or purity of the water in the system; stoppage of concrete encased plumbing; any fees for locating, accessing or installing cleanouts; removal of water closets/toilets in order to clear stoppages, any fees for photo/video equipment, hydro-jetting equipment; jet or steam clearing; chemicals; stoppages caused by root invasion; stoppages caused by foreign objects, such as but not limited to, toys, bottle caps, etc; conditions of insufficient or excessive water pressure; conditions of water flow restriction due to scale, minerals and other deposits; exterior hose bibs; freeze damage; holding and pressure tanks; inaccessible plumbing; concrete encased

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 14

    S A MP L E

    plumbing; jetted bath tubs; jet pumps; laundry tubs; lawn sprinkler systems; pressure regulating devices; repair and finish of any walls, floors or ceilings where it is necessary to break through to effect repairs; septic tanks and systems in or outside of the home; sewage ejector pumps; sewer and water laterals; shower enclosures and base pans; shower heads; sinks; solar systems; sump pumps; toilet tank lids and toilet seats; water damage; water filters; water purification systems; water softeners; wells and well pumps; whirlpools, spas and their respective plumbing and mechanical components. The following Items are not covered unless optional coverage is purchased: well pump, pool, spa and their respective plumbing and mechanical components.

    5. Water Heater Description of Covered Items: Mechanical parts and components of one (1) water heater, including circulatory pumps and domestic hot water coils attached to boilers, but excluding solar and heat recovery units.

    Includes mechanical failure resulting from sediment build up. Examples of Items/Conditions Not Covered: Auxiliary and secondary holding/storage tanks; base pans; color or purity of water; flues; vent pipes/lines; insulation and insulation blankets; heat recovery units; any noise without a related mechanical failure; point of service and/or hot water dispensers; racks; straps; timers; sediment build-up; and solar heaters, including all parts and components.

    6. Electrical System Description of Covered Items: Standard mechanical parts or components located within the perimeter of the outer load bearing walls consisting of the following; ceiling fan motors and their controls (excluding

    transmitters and remotes); one (1) garage door opener; interior standard light switches, main breaker or fuse panel/box receptacles and general line voltage wiring. Examples of Items/Conditions Not Covered: Attic, bathroom, and/or whole house exhaust fans; batteries; direct current (DC) wiring and systems; door bells and chimes; exterior wiring and components (except main panels mounted to exterior wall); any wiring or components servicing a detached structure; exhaust fans; fire, smoke or carbon monoxide alarm and/or detection systems and batteries; garage door assemblies including door panels, tracks, rollers, hinges, cables and springs; intercom or speaker systems; lighting fixtures; load control devices; low voltage systems including wiring and relays; sending units; service entrance cables; telephone systems; timers; touch pad assemblies; transmitters and remotes; utility meter base pans; and wall fans. Failures and conditions caused by inadequate wiring capacity, circuit overload, power failure/shortage or surge, and corrosion caused by moisture are not covered.

    7. Well Pump System (Optional Coverage only requires an additional fee) Description of Covered Items: Mechanical components and parts of the submersible or above ground well pump utilized as the sole source of water supply only for the main dwelling, excluding irrigation system, as

    follows: controls; impellers; motor; pump; seals. For units that also supply water for use outside the main dwelling, only the capacity required to supply water to the main dwelling, excluding irrigation system, is covered. Examples of Items/Conditions Not Covered: Contamination or lack of water; excavation or other charges necessary to gain access to, or to remove, or to reset the pump; failure attributed to well impurity; joint wells; piping and electrical lines leading to and from the unit; pressure, holding or storage tank(s); re-drilling of wells; auxiliary, secondary or booster pumps; and well casings.

    8. Swimming Pool/Spa/Combination Swimming Pool Spa (Optional Coverage only requires an additional fee) Description of Covered Items: Mechanical parts and components as follows: Above ground accessible piping lines leading to and from the unit; air pumps; blower motor; filters (housings, laterals, pressure gauges, back

    flush valves); gaskets; primary circulator pump and motor; and relays and impellers; internal spa pack heater; internal switches; primary circulator pump and motor; and relays; one (1) heater with respect to mechanical components and parts of gas, electric, oil, and heat pump units. In no event shall we be liable for claims in excess of $1,000 in the aggregate per Agreement term, per covered property with respect to pool or spa heaters. Examples of Items/Conditions Not Covered: Automatic feeders and chemicals; chlorinators; “creepy crawlers” and similar cleaning units; electrical lines; external heaters; filter elements or media (i.e., cartridges, grids and sand); refrigerant reclamation (unless the Premier Upgrade Option is purchased); heater cabinetry and structural components; jets; lighting; pop up heads and turbo valves; portable spas or spas without hard pipe or hard wire installation; secondary/auxiliary cleaning equipment and accessories including built-in or detachable cleaning equipment; skimmers; solar heaters and related components; structure, liner or shell of the pool and/or spa; timer and remote control systems and their components; and inaccessible underground and/or concrete encased plumbing.

    III. SERVICE1. When repair or replacement services covered by this Agreement are required, you must telephone us at the toll-free service number printed on your Agreement Coverage Summary page.

    Telephone service is available twenty-four (24) hours a day, seven (7) days a week. You must notify us immediately upon discovery of any mechanical failure, and prior to the expiration of the term of the Agreement during which the failure occurred. If you fail to notify us of any mechanical failure prior to the expiration of the term of the Agreement during which the failure occurred, we will not be responsible for the cost of any repairs and/or replacements resulting from the mechanical failure.

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 15

    S A MP L E

    2. We will provide you with a referral to an independent service contractor. We will use reasonable efforts to provide a referral to an independent service contractor within two (2) hours after the service request is received during normal business hours and within twenty-four (24) hours for requests received after normal business hours and on weekends or holidays. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered mechanical failures that affect the habitability of the dwelling.

    3. We have sole authority to select independent service contractors. All repair and/or replacement work covered by this Agreement must be performed by a pre-approved independent service contractor, and all repair and replacement services must be approved by us in advance. We are not responsible or liable for and will not cover any expenses you incur without our prior express consent, and we will not reimburse you for any costs you incur associated with unauthorized repair or replacement work performed by unauthorized contractors.

    4. This Agreement includes a deductible charge, listed on your Agreement Coverage Summary, that you must pay per trade on each service call made towards the covered portion of any claim. When a covered claim requires more than one trade to complete the covered repair/replacement only one deductible charge will be required. Trades include appliance, air conditioning, heating, electrical, plumbing, and any other trade specifically required to service Covered Items listed on your Agreement Coverage Summary. You are responsible for and shall pay the independent service contractor directly for the service call and for actual work performed and/or Item installed, up to the amount of the deductible at the time of visit(s), in a manner acceptable to the independent service contractor. You are responsible for and shall pay the independent service contractor for any amounts due for services performed or parts installed that are not covered under the terms, conditions and provisions of this Agreement. A service call includes, without limitation, inspecting, diagnosing, and/or performing service for the repair or replacement of a malfunctioning Item.

    5. You will provide access to the covered property during normal business hours for the independent service contractor to diagnose, obtain approval for, and/or complete repairs for covered mechanical failures. You will pay us and/or our independent service contractor for any service charges and additional charges assessed by our independent service contractor resulting from your failure to provide access to the covered property and/or for missed appointments.

    6. Should any building or zoning permits be necessary, you are responsible for paying for and/or obtaining these permits and the cost associated with these permits. 7. At our discretion, we may elect to replace a Covered Item rather than repair it. The decision to replace rather than repair Covered Items is solely our option. Should we choose to replace a Covered Item the

    replacement will be the base model that meets all applicable federally mandated minimal manufacturers’ standards, performs the same primary function, and has a capacity comparable to the Covered Item, when available with domestically assembled units. With respect to kitchen/laundry appliances, we will make reasonable efforts to provide replacement Covered Items having similar mechanical capabilities and/or efficiency of the original unit, when available. We are not required to provide exact match in color, dye, lot, material, type or brand. When replacing systems or appliances, we will be responsible for the installation of the replacement Covered Item but not for the cost of the construction, modifications, carpentry or transitional work made necessary in order to accommodate the replacement, nor for any costs to upgrade or modify Covered Items for any reason. Should we determine to replace Covered Item and you instead choose to effect a repair, that Covered Item shall be excluded from further coverage under this Agreement and subsequent renewals.

    8. At our discretion, we may give you the option to elect to receive a repair/replacement credit or cash payment (net of deductible) in lieu of providing a repair. In such cases, the amount of such credit shall be equal to the lesser of the approved cost of repair or the estimated cost of replacement. If you elect a credit to our independent service contractor, we will pay that amount directly to the independent service contractor after the work has been completed. If you elect the cash payment, you must supply documentation supporting that the Item in question has been purchased, replaced or repaired prior to receiving the cash payment. Any replacement Item must be installed in the covered property as listed on the Agreement Summary Page. The amount of the approved cost of repair or replacement will be established by us at our sole discretion. We reserve the right to inspect repaired and/or replacement Items.

    9. We reserve the right to obtain, at our expense, a second opinion by an independent service contractor prior to determining eligibility for coverage.

    IV. PREVENTATIVE MAINTENANCE SERVICES1. Under the terms of this Agreement you may choose to receive up to four (one each) of the following Service Calls: 1. Appliances, 2. Heating and Air Conditioning (performed in one visit), 3. Electrical, 4. Plumbing. You

    may schedule only one Service Call at a time and only one Service Call during each 90-day period with the first such period commencing on your Effective Date. If you fail to schedule a Service Call during any 90-day period you may not “make-up” that Service Call by scheduling more than one Service Call during any subsequent period. No refund will be given for missed Service Calls.

    2. When you call with a Service Call request, we will provide you with a referral to an independent service contractor. We will use reasonable efforts to provide a referral to an independent service contractor within two (2) hours after the service request is received, if the request is received during normal business hours; and within twenty-four (24) hours if the request is received after normal business hours or on weekends and holidays. In

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 16

    S A MP L E

    the event conditions, such as but not limited to inclement weather, prevents one of our independent service contractors from completing a Service Call during one of your 90-day periods, you will be entitled to “make up” your Service Call during a subsequent 90-day period. You are solely responsible to call us to schedule your “make-up” Service Call.

    3. This Agreement covers only the labor costs (except where indicated otherwise within this Agreement) resulting from performing a specific set of preventative maintenance tasks on certain systems and appliances in your home as listed on your Agreement Coverage Summary. Tasks are defined as the services outlined under the Definition of Coverage: Preventative Maintenance Services section of this Agreement.

    4. We have the sole authority to select independent service contractors to provide Service Calls pursuant to this Agreement. All Service Calls performed under this Agreement must be performed by the independent service contractor we refer to you. We are not responsible and will not reimburse you for any expenses you incur without our express consent or any costs associated with unauthorized work performed by any contractors and/or service providers whether or not selected by us.

    5. We are not responsible and will not reimburse you for any costs for services you may elect outside of the Tasks covered by this Agreement as set forth under Definition of Coverage: Preventative Maintenance Services section of this Agreement.

    6. The specific Tasks authorized to be performed during a Service Call are specific preventative maintenance Tasks intended to help prevent your home systems and appliances from failing and to keep them running at peak efficiency. However, preventative maintenance cannot guarantee this outcome since systems are by their very nature subject to failure and to poor performance without warning despite best efforts to the contrary. Therefore we make no warranty that a specific Service Call will prevent system failure or will ensure efficient operation. We shall not be liable to you or any third party for damages, including without limitation, consequential, incidental and punitive damages, losses or any other claim arising from, related to or resulting from such a system or appliance failure.

    7. We reserve the right to alter, amend, exchange, add or eliminate, at any time and at our sole discretion the specific set of Tasks performed during a Service Call with a minimum of ten (10) days prior written notice to you.

    V. DEFINITION OF COVERAGE: PREVENTATIVE MAINTENANCE SERVICES (“Tasks”)1. Appliances: We will perform the following preventative maintenance Tasks on one each (1) of the following appliances:

    a. Clothes Dryer: Check and tighten supply connections (gas/electric); check and adjust leveling of unit; check operation of all console controls; check cycling of heat thermostats; check/clean blower wheel area; check dryer belt; check rollers and glides; check heater wiring/gas valve connections; clean lint from inside cabinet and filter; check lint filter; check venting for proper airflow; clean out dryer vent lines.

    b. Clothes Washer: Check and adjust leveling of unit; check lid switch operation; check operation of all console controls; check/tighten water connections; check for water leakage; check for oil leakage in transmission area; check drive belt; check tension of drive belt and pulleys; check pump-out timing (within manufacturer’s specifications); check tub springs for correct positioning.

    c. Dishwasher: Check and clean spray arms for proper operation and cracks; check fill for proper level and clean inlet screen; check all gaskets for possible leaks and repair if necessary; check detergent/drying agent dispensers; check timer and electrical components; check for proper level and re-level if needed; check water temperature.

    d. Microwave: Check oven door alignment; check for proper operation of interlocks; check for microwave leakage; check control operations; check and clean antenna assembly; check and clean antenna grease shield; check oven cavity for spot arcing; check wattage output of unit; check and replace (if necessary) oven light.

    e. Range: Check and adjust oven door gaskets; check and lube oven door latch assembly; check surface of burner operations; check broiler operations; check oven operation; check and adjust oven thermostat; check electronic ignition system; check ERC/KRC delayed oven operation; check and replace (if necessary) oven light; check and tighten gas/electric supply connections.

    f. Refrigerator: Check and clean condenser coils; check and clean defrost drain pan; check and tighten water line connections; clean and lube door gaskets; check and adjust leveling for proper door closure; check and align door hinges as needed; check and clean air return ducts; check fresh food/freezer air temperatures; check humidity/crisper bin control settings; check defrost controls.

    2. Heating and Air Conditioning System (EXCLUDING hot water or steam heating systems): Note: It is recommended that heating and air conditioning system Service Calls take place during the Spring or Fall months. We will perform the following preventative maintenance Tasks on one (1) each of the following: a Heating System; and/or Air Conditioning System. Check and clear primary and secondary condensate lines and pans; inspect evaporator coil if accessible; inspect condenser coil; check system operating pressures (refrigerant levels); test temperature rise and drop of furnace; A/C and heat pump; check belts and pulleys and adjust if necessary; lubricate motors if oil ports are accessible; inspect filter and replace if customer provides replacement filter; perform a general inspection of wiring in furnace and A/C units; check amp draw of evaporator motor;

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 17

    S A MP L E

    check amp draw of condenser motor; check amp draw of compressor; inspect furnace chambers and burners; check controls on safeties on furnace; visual inspection of exposed flue pipe; check thermostat operation; check crankcase heater operation for heat pumps.

    3. Electrical: We will perform the following preventative maintenance Tasks on the following Electrical Items:Pull and check main service panel; check wiring; tighten screws and lugs on breakers; apply nolac mix on aluminum wires; check for double tapped breakers; check for over loaded circuits; verify main breaker size matches SEC cable into home; check all outlets with tester looking for open grounds; neutral wires and proper polarity; test/inspect GFCI outlets and breakers; verify sump pump outlets have power and test sump pumps; survey for proper surge protection; check smoke detector batteries, replace up to two standard batteries (9 volt) if needed.

    4. Plumbing: We will perform the following preventative maintenance Tasks on the following Plumbing Items:Inspect faucets for leaks; flush 1 gallon water from water heater (if valve works); check water pressure in home; inspect accessible exposed drain lines for signs of leaks; inspect accessible water lines for signs of leaks; check sump pump operation; test water heater operation; check for slow drains in bathtubs and sinks; check operation of water heater elements (electric); check amp draw of water heater elements (electric); check operation of water heater gas burner (gas); check thermocouple on water heater (gas); check gas valve on water heater (gas); check flue pipe for deterioration on water heater (gas); inspect shower tiles for obvious cracking or separation; check garbage disposal operation.

    VI. GENERAL EXCLUSIONS AND LIMITATIONS1. This Agreement provides coverage for the mechanical failure of only those systems, appliances and components thereof listed as covered on your Agreement Coverage Summary and only to the extent described herein. This

    Agreement does not cover any Items not specifically named as covered on your Agreement Coverage Summary. 2. This Agreement shall not cover any Item(s) if they are: mismatched (systems with incompatible components with different capacity ratings); modified from the original manufacturer design or application; previously, or

    subsequently, determined to be defective by the Consumer Product Safety Commission or the manufacturer and for which either has issued, or issues, a warning or recall, or which is otherwise necessitated due to failure caused by the manufacturer’s improper design, use of improper materials and/or formulas, manufacturing process or any other manufacturing defect; improperly installed; or below the slab or basement floor of the home; or located outside the perimeter of the main foundation (i.e., outside the outer load bearing walls of the structure with the exception of central air conditioning units, main electrical panels mounted on outside walls, pool, spa and well pump).

    3. This Agreement covers only repairs and/or replacements due to mechanical failure attributable to ordinary wear and tear. Accordingly, the Agreement does not cover failures which may result from other causes, such as, without limitation: abuse, misuse or neglect; improper installation; improper or insufficient maintenance; lightning strikes; missing parts; animal, pet and/or pest damage; power failure; power surge; fire; casualty; acts of God; structural and/or property damage; flood; smoke; earthquake; freeze damage; accidents; war; acts of terrorism; nuclear explosion, reaction, radiation or radioactive contamination; insurrection; riots; vandalism; or intentional destruction of property. This Agreement does not cover mechanical failures resulting directly or indirectly from or caused by mold, mildew, mycotoxins, fungus, bacteria, virus, condensation, and/or wet or dry rot regardless of the source, origin, or location and any other cause or event contributing concurrently or in any sequence to the mechanical failure.

    4. This Agreement does not cover upgrading or making modifications to Covered Items due to, without limitation, the following reasons: capacity (over or undersized); dimensional or design change; conditions of insufficient or excessive water pressure; conditions of inadequate wiring capacity; circuit overload; power failure and/or surge; failure to meet building code(s); zoning requirements; utility regulations; or failure to comply with local, state or federal laws or regulations.

    5. This Agreement does not cover any costs associated with upgrades, components, parts, or equipment required due to the incompatibility of any existing equipment with the replacement system or appliance or component, or part thereof. This Agreement also does not cover any costs associated with or due to any incompatibility between any existing equipment, system or Item and any new type of fuel, chemical or material utilized to run the replacement equipment including, but not limited to, differences in technology, refrigerant requirements, or efficiency as mandated by federal, state, or local governments. This Agreement does not cover any costs associated with construction, carpentry, or other modifications made necessary by the existing equipment or installation of different equipment. This Agreement does not cover any costs associated with any upgrades or modifications required to comply with federal, state, and local law, code, regulation, or ordinance. All such costs are your responsibility.

    6. SEER (Seasonal Energy Efficiency Ratio) operational compatibility: If we elect to replace an air conditioning condenser or heat pump unit, and it becomes necessary to make a mechanical modification to the evaporator coil

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 18

    S A MP L E

    in order to provide operational compatibility, we agree to pay the covered costs for one (1) of the following (determination is at our sole discretion) only: expansion metering device, or coil, or air handler. This Agreement does not cover any costs associated with modifications or upgrades required to match efficiency value, rating or ratio.

    7. This Agreement does not cover any of the following: fees associated with the removal and disposal of old systems, appliances, components and Items; fees or costs, including, without limitation disposal fees arising from hazardous or toxic material, asbestos, refrigerant or refrigerant reclamation.

    8. This Agreement does not cover any of the following: repair or replacement of systems, appliances or components classified by the manufacturer as commercial-grade. In no event shall we be liable for claims in excess of $1,000 in the aggregate, per agreement term, per commercial-like or ultra-premium appliance including, without limitation, brand names such as Sub-zero, GE Monogram Series, Thermador, JENN-AIR, Viking, and Delfield.

    9. This Agreement does not cover (a) fees associated with use of cranes or other lifting equipment required to service any Item or system; or (b) excavation or other charges associated with gaining access to the well pump; or (c) electronic computerized energy management systems or devices, or lighting and/or appliance management systems.

    10. This Agreement does not cover ductwork with the sole exception of ductwork that is exposed and readily accessible to service a mechanical failure of a covered air conditioning or heating system or Item. This Agreement does not cover asbestos, insulated ductwork, concrete encased or inaccessible ductwork, crushed/collapsed ductwork, ductwork damaged by moisture, water, pests and/or animals, insulation, registers, grills and dampers, or underground ductwork. Inaccessible ductwork refers to ductwork that is used in central heating and/or air conditioning systems that is not exposed and cannot readily be accessed for replacement or repair due to design and installation obstacles such as, but not limited to, permanent partitions, chimneys, etc., and ductwork embedded in floors, walls or ceilings.

    11. This Agreement does not cover any costs incurred to gain access to a Covered Item, system, appliance or component in situations where there is not adequate capacity or space for serviceability caused by, but not limited to, walls, floors, ceilings, permanently installed fixtures, cabinets, snow/ice covered areas, flooded areas, or personal property. In the event it is necessary to open walls, floors, or ceilings, or to move such fixtures, cabinets, or personal property to perform a diagnosis or service, we are not responsible for restoring such openings, items, or property. This Agreement does not cover any costs associated with equipment to gain access or permit serviceability such as but not limited to scaffolding.

    12. This Agreement does not cover delays or failures to provide service caused by, or related to: any of the exclusions listed herein; shortages of labor and/or materials; or any other cause beyond our reasonable control. This Agreement does not cover additional charges to access or transport materials, supplies, or independent service contractors to the covered property due to lack of or inhibited serviceability, such as but not limited to, tolls, required use of ferries or barges and/or remote locations.

    13. This agreement does not cover any incidental, consequential, special, and/or punitive damages, and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the failure of any Item or system, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or any loss, damage, cost or expense directly or indirectly arising out of or resulting from, or in any manner related to mold, mildew, mycotoxins, fungus, bacteria, viruses, condensation, wet or dry rot and/or other property damage.

    14. This Agreement does not cover repairs or replacements of any Item covered by other insurance, warranties or guarantees, including but not limited to, manufacturer’s, contractor’s, builder’s, distributor’s, or in-home service plan’s. Our coverage is secondary to such insurance, warranties, or guarantees.

    15. This Agreement does not cover any mechanical failure when the Covered Item or system has been repaired, modified, disabled or adjusted in any way which prevents us or our independent service contractor(s) from inspecting, diagnosing and/or repairing the mechanical failure. If you authorize or perform any improper alterations, installations or repairs or improperly modify any system, appliance or component covered by this Agreement, or damage it in the course of remodeling or repair, we will no longer be obligated to cover such Item(s).

    16. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all Covered Items and systems as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas in a covered property around Covered Items and/or systems to ensure that these Items and/or systems are able to function properly as specified by the manufacturer. Any mechanical failures resulting from your failure to provide routine maintenance as specified in this paragraph, or as otherwise required in this Agreement, shall not be covered in accordance with Section IV, Paragraph 3 of this Agreement.

    17. Subject to the limitations and exclusions in this Agreement, our maximum liability per covered claim submitted pursuant to this Agreement (i.e. a payment made as a result of a request for service due to a single mechanical failure of a single covered Item) shall not exceed $10,000.

    18. We are not liable for any damages that result from an independent service contractor’s service, delay in providing service or failure to provide service. We are not liable for any incidental, consequential, special, and/or

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 19

    S A MP L E

    punitive damages, whether caused by negligence or any other cause, and you agree to waive any and all claims for such damages, arising from, resulting from or related to any independent service contractor’s service, delay in providing service or failure to provide service, including, but not limited to, damages, resulting from delays in securing parts and/or labor, the failure of any equipment used by an independent service contractor, labor difficulties, and/or the negligent, tortious and/or unlawful acts or omissions of any independent service contractor.

    19. Under any and all circumstances, our maximum liability, in the aggregate, for any and all claims submitted per term of this Agreement shall be $50,000. This aggregate maximum liability per term of the Agreement includes any and all covered claims made in accordance with the terms of this Agreement, as well as any and all claims, causes of action and/or rights of action, whether filed in arbitration or any court of law, for breach of contract, negligence, torts, strict liability, claims arising under any state or federal statute (to the extent such limitations are permitted by law), indemnification, contribution, and/or subrogation.

    VII. PROPERTIES ELIGIBLE FOR COVERAGE1. This Agreement covers a single family residence, including a condominium, townhouse or villa used solely for residential purposes. Multi-family residential income property of more than two-units is not eligible for

    coverage. Any dwelling used in whole or in part for commercial purposes such as, but not limited to, a day care facility, a group home (5 or more unrelated individuals cohabiting in same household) or fraternity-type house, “bed and breakfast”, church or school will not be covered. Notwithstanding the exclusion of “group homes”, this Agreement provides coverage under a special exception for special purpose group homes devoted to housing persons with mental and physical disabilities, as those terms are defined by the Americans with Disabilities Act at Title 42 of the United States Code Section 12102(2)(A). Homes listed or registered in any historical register, including without limitation the National Register of Historic Places are not covered. Whether or not this Agreement covers a condominium unit, mobile home, manufactured home, or multi-family property (duplex), any repairs and/or replacements are limited to the Items solely used by and located and serviceable within such single unit (unless specified otherwise). No common area Items shared by non-warranted units shall be covered by this Agreement.

    2. Mobile homes constructed within ten (10) years of the effective date of the Agreement are eligible for coverage, provided they are permanently secured to the ground and, you own the land on which the mobile home is located. Mobile/manufactured homes that are located in a division operated similar to a condominium, where maintenance is provided, are also eligible for coverage.

    VIII. CANCELLATION

    1. You may void this Agreement within 30 days of the coverage effective date for a full refund of the contract fees paid if no claim has been made. The right to void this Agreement as provided in this paragraph is not transferable. A ten percent penalty per month will be added to any refund required under this paragraph, including any accrued penalties, that is not paid or credited within 30 days after termination of this Agreement pursuant to this paragraph.

    2. You may cancel this Agreement within 30 days of the coverage effective date if a claim has been made, or at any time thereafter, at which time you may be entitled to a refund of unearned contract fees paid based on the short rate schedule less a processing fee of twenty-five dollars ($25) and less the cost of any services performed pursuant to the Agreement, where permitted by law. If the refund calculation results in you owing us payment for services provided, we may bill you for the lesser of the net amount due to us or the unpaid annual term contract fee. We will bill or charge you any balance owed to us through the same mechanism as any previous installment billings, or we will direct bill you if such a mechanism is not available. 3. We may terminate this Agreement immediately, after any applicable notice provisions, for non-payment, fraud or material misrepresentation. If we terminate for fraud or material misrepresentation, this Agreement is void and we shall refund all paid contract fees if no claims have been made. If a claim has been made, we will follow normal cancellation procedures as outlined in this section.

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • S A MP L E

    IX. DISPUTE RESOLUTION

    1. ARBITRATION: All disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the Services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”), shall be resolved at the consumer’s choice by settlement or final and binding arbitration or in and through a small claims court having jurisdiction over such Disputes. Arbitration shall be conducted within the geographical limits of the applicable federal district court where the Covered Property is located, or such other location upon which both parties mutually agree. The Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “Arbitration Rules”) in effect at the time arbitration is demanded by either party shall govern the arbitration proceeding and the selection of one neutral arbitrator to preside over the proceeding. The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution Provisions. Additionally, this transaction involves interstate commerce, and these Dispute Resolution provisions shall be governed by the Federal Arbitration Act, as amended (9 USC 1). No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution Provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding. Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.

    2. CLASS ACTION AND JURY TRIAL WAIVER: Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

    X. OTHER CONDITIONS

    1. Term. Coverage under this Agreement commences on the effective date specified on the Agreement Coverage Summary. This Home Service Agreement expires one (1) year from Agreement effective date, unless renewed.

    2. Renewal. This Agreement will automatically renew at the option of the Issuing Company and where permitted by state law, for successive one (1) year periods, unless cancelled by you or us in accordance with the cancellation provisions. You will be notified of any rate and/or coverage changes not less than thirty (30) days prior to the expiration of the Agreement.

     3. Assignment. In the event of assignment or transfer of title of the covered property, this Agreement may be assigned and/or transferred at our option, where permitted by state law and when the applicable fee has been paid. We reserve the right to charge a transfer fee not to exceed $25.

    4. Installment Billing. In certain cases you may be permitted, at our sole and exclusive discretion, to pay for your coverage on an installment basis. Should you suffer a mechanical failure covered by this Agreement at a time when there are unpaid installments due from you, whether or not such payments are due or overdue, we reserve the right to deduct all or any portion

    20

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • 21

    S A MP L E

    of any unpaid amounts from the amount of loss covered by this Agreement for such incident, or to require payment of the entire remaining unpaid balances prior to covering the loss for you as we deem necessary or desirable. Our failure to exercise any such right on one occasion shall not be deemed a waiver of such right on other occasions.

    5. Waiver. Should we waive any of our contractual rights; such waiver will not constitute a future waiver of said rights.

    6. Disclosure. The price of the Agreement includes the full amount of all fees due and payable as well as the costs of processing and administration for the Issuing Company and its agents where allowable by law. Any applicable state or local sales taxes are in addition to the price of the Agreement.

    7. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

    8. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior agreement and understandings of the parties hereto, oral or written, with respect to the subject matter hereof. Except as provided herein, all other warranties, expressed or implied, are hereby disclaimed.

    9. Issuing Company. This Agreement is issued by HomeSure Services, Inc., except in the following states where it is issued by the identified entity: in Alabama, Arizona, Florida, Illinois, Iowa, Massachusetts, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, South Carolina, Texas, Utah, Vermont, Washington, Wisconsin and Wyoming by HomeSure of America, Inc.; in California by HomeSure Protection of California, Inc.; and in Virginia and Oregon by HomeSure of Virginia, Inc. Services are provided by independent tradespeople/contractors.

    10. Corporate/Administrative Office. Cross Country Home Services, Inc., P.O. Box 551540, Ft. Lauderdale, FL 33355-1540, 954-835-1900

    CCHS- MAINT-MPP03 11/10 rev 0612

    TOTALPROTECT GOLD HOME SERVICE AGREEMENT

  • S A MP L E

    22

    APPLIANCE BUYLINE® DISCOUNT BUYING SERVICE TERMS & CONDITIONS

    THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL ENROLLEES OF THE APPLIANCE BUYLINE DISCOUNT BUYING SERVICE (THE “SERVICE”) AND SHALL BE BINDING ON ALL ENROLLEES UPON COMPLETION OF ENROLLMENT IN THE SERVICE.

    1. THE SERVICE: The Service is offered by Cross Country Home Services, Inc. as an additional benefit to enrollees in certain of its and its affiliates and subsidiaries’ home products (collectively CCHS). Through the Service, enrollees are given direct access to third-party merchants’ (“Participating Merchants”) websites through which enrollees can purchase appliances at discounted prices compared with the manufacturer and/or Participating Merchant’s suggested retail prices. All products offered to enrollees in the Service are determined solely and exclusively by the Participating Merchants, and all prices and discounts advertised on the Participating Merchants’ websites for the products offered are determined solely and exclusively by the Participating Merchants. All purchases made by enrollees through the Service are made directly between the enrollee and the Participating Merchant and must be approved by the Participating Merchant. All terms and costs of delivery and/or installation of any product(s) purchased through the Service are determined solely and exclusively by the Participating Merchant and the enrollee. The Service shall not participate in the selection, purchase, payment, delivery, or installation of any product by any enrollee from any Participating Merchant. The Service reserves the sole and exclusive right to determine which merchants may participate in the Service.

    2. ENROLLMENT: To enroll in the Service, you must contact the Service at 1-800-475-9679 or by email to [email protected]. Once enrolled, you will be provided with the necessary information to access Participating Merchants’ websites, including any required authorization codes necessary to access the websites. Depending on the Participating Merchant, you may also be required to register with the Participating Merchant before accessing the merchant’s website and/or purchasing any products. All enrollees in the Service who access and/or register with a Participating Merchant’s website are subject to all terms and conditions established by that Participating Merchant in addition to the Terms and Conditions set forth herein.

    3. MERCHANDISE ORDERS: a. When you order a product from a Participating Merchant, the purchase is completed solely and exclusively between you and the Participating Merchant. Neither the Service nor CCHS is the merchant, vendor, supplier, or

    manufacturer of any product. Neither the Service nor CCHS maintain inventory for any products, or take title to the product. In addition to the terms and conditions set forth herein, all orders placed with a Participating Merchant are subject to the terms and conditions of the Participating Merchant with which the order is placed as well as any terms and conditions imposed by the manufacturer.

    b. All purchases made through the Service must be completed with a credit card unless otherwise permitted by the Participating Merchant. You must check with each Participating Merchant to determine which credit cards they accept.

    4. CANCELLATION AND RETURN POLICY ON MERCHANDISE ORDERS: a. All cancellations of any orders placed with a Participating Merchant are subject to and must comply with the terms, conditions and policies of the Participating Merchant with which the order was made. You must contact

    the Participating Merchant directly to effectuate any cancellation.

    b. All returns of items purchased through the Service from a Participating Merchant and delivered to you are subject to and must comply with the terms, conditions and policies of the Participating Merchant from whom the product was purchased. You must contact the Participating Merchant directly to effectuate any return.

    5. AVAILABILITY OF MERCHANDISE: The Service and CCHS do not guarantee the availability of any product. The availability of any product is determined solely and exclusively by the Participating Merchants.6. WHO MAY USE: You and immediate members of your family living in your household may use the Service for the purpose of purchasing home appliances for your and your immediate family’s personal use. You may not use the

    Service to purchase appliances for the purpose of reselling them. You may not disclose any information you learn from accessing any Participating Merchant’s website to any person or entity except as necessary to fulfill the buy-sell relationship between you and the Participating Merchant. You may not give any other person access to any Participating Merchant’s website or purchase appliances through the Service on behalf of anyone other than yourself or your immediate family members living in your household. You agree to notify the Service if you become aware of any unauthorized use of the Service. Any violation of these limitations may result in the immediate termination of your enrollment in the Service and/or termination of your right to access Participating Merchants’ websites.

    7. LIMITS OF LIABILITY: a. THE SERVICE, CCHS, AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM AND ASSUME NO LIABILITY AS A SELLER OF ANY PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY

    DEFECTIVE PRODUCTS, INCLUDING WITH RESPECT TO ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY SUCH DEFECTIVE PRODUCTS, DELAY IN DELIVERY OF PRODUCTS FOR ANY REASON WHATSOEVER, DELIVERY OF THE WRONG PRODUCT, NEGLIGENCE IN CONNECTION WITH THE DELIVERY AND/OR INSTALLATION OF A PRODUCT, AND NEGLIGENCE OF A PARTICIPATING MERCHANT, AND YOU AGREE TO WAIVE ANY AND ALL SUCH CLAIMS AS AGAINST THE SERVICE, CCHS AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES.

  • S A MP L E

    23

    APPLIANCE BUYLINE® DISCOUNT BUYING SERVICE TERMS & CONDITIONS

    b. THE SERVICE, CCHS AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES FURTHER EXPRESSLY DISCLAIM AND ASSUME NO LIABILITY FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES AND YOU AGREE TO WAIVE ANY AND ALL CLAIMS FOR SUCH DAMAGES. THE SERVE, CCHS AND EACH OF THEIR PARENTS, SUBSIDIARIES AND AFFILIATES LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE SERVICE.

    c. THE SERVICE, CCHS AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY WEBSITE, PUBLICATION OR GUIDE PRODUCED AND PROVIDED TO YOU BY THE SERVICE, CCHS OR THEIR PARENTS, SUBSIDIARIES OR AFFILIATES OR FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY PARTICIPATING MERCHANT’S WEBSITE, PUBLICATIONS OR GUIDES. INFORMATION IN ANY SUCH PUBLICATIONS, GUIDES AND/OR WEBSITES REGARDING PRODUCT MANUFACTURERS, MODEL NUMBERS, PRICES, ACCESS NUMBERS AND PROCEDURES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

    8. WARRANTY DISCLAIMER: TO THE EXTENT PERMITTED BY LAW, THE SERVICE, CCHS AND THEIR PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD BY ANY PARTICIPATING MERCHANT, INCLUDING ANY WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING BY CUSTOM OR TRADE USAGE.

    YOU ARE ENTITLED ONLY TO THE MANUFACTURER AND/OR PARTICIPATING MERCHANT’S PRODUCT AND SERVICE WARRANTIES SET FORTH IN THE DOCUMENTATION AND INFORMATION PROVIDED BY THE MANUFACTURER AND/OR PARTICIPATING MERCHANT. THESE WARRANTIES SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY IN EQUITY OR AT LAW FOR DEFECTIVE PRODUCTS OR SERVICES.

    9. CHANGES IN TERMS AND CONDITIONS: The Service reserves the right to change the terms and conditions of this Agreement at any time. Benefits may vary from those stated here, and are subject to change without prior notice.

    10. GOVERNING LAW: These Terms and Conditions, and the rights and obligations stated hereunder, shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws provisions.

    11. DISPUTE RESOLUTION: 1. ARBITRATION: All disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the Services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”), shall be resolved at the consumer’s choice by settlement or final and binding arbitration or in and through a small claims court having jurisdiction over such Disputes. Arbitration shall be conducted within the geographical limits of the applicable federal district court where the Covered Property is located, or such other location upon which both parties mutually agree. The Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “Arbitration Rules”) in effect at the time arbitration is demanded by either party shall govern the arbitration proceeding and the selection of one neutral arbitrator to preside over the proceeding. The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution Provisions. Additionally, this transaction involves interstate commerce, and these Dispute Resolution provisions shall be governed by the Federal Arbitration Act, as amended (9 USC 1). No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution Provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding. Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney. 2. CLASS ACTION AND JURY TRIAL WAIVER: Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

    12. ASSIGNMENT: You may not assign or delegate any of your rights or obligations under this Agreement without the written consent of the Service and subject to the authorization of Participating Merchants in accordance with their respective terms, conditions and policies.

    13. ENTIRE AGREEMENT: These Terms and Conditions constitute the entire agreement between you, the Service and CCHS with regard to the Service and any representation, promise or condition in connection therewith, whether oral or written, not incorporated herein shall not be binding upon either party, including, without limitation, any promotional, advertising and/or marketing materials provided to you by the Service or CCHS or otherwise exchanged between the parties.

    Cross Country Home Services, Inc. is the Servicing Company of the Appliance Buyline ® Discount Buying Service. Certain restrictions and limitations apply. The Appliance Buyline ® Discount Buying Service complies with all applicable laws and regulations concerning consumer goods. Products restricted by law are not available. Not available in Puerto Rico. Appliance Buyline is a registered service mark of Cross Country Home Services, Inc., Ft. Lauderdale, FL 33323.

    CCHS AB 9/2013

  • 24

    Cross Country Home Services, Inc. has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information collected through our websites. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.

    To view the full privacy policy, please visit www.TotalProtectGold.com.

    Some companies, like CCHS, choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information.

    The types of personal information we collect and share depend on the product or service you have with us. This type of information can include:• Address, phone number and email address • Account transactions and purchase history • The date and time you contact us, the nature of your inquiry, and related information, when you access our website • Credit card, loan number or ACH payment information

    When you are no longer our customer, we continue to protect your information as described in this notice.Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.For Quality Assurance purposes, both inbound and outbound service calls may be recorded.

    If you have general questions about this policy or wish to opt out of communication, please call 877.248.6683 or email [email protected]. To completely deactivate your account, please call 1-800-474-4047.

    Why?

    What?

    Questions or to Opt Out

    PRIVACY STATEMENT

  • 25

    Congratulations! You, your home and your hard-earned money are now protected.As you know, the odds of something going wrong with one of your home systems or appliances increases every day. But now that you have TotalProtect Gold, you are protected from the risk of budget-breaking repair and replacement costs.

    And the savings go on and on for all the other covered systems and appliances in your home. So now you can enjoy all the extra money you’ll keep in your pocket… along with the freedom from worry that TotalProtect Gold gives you every single day.

    Welcome to the 24/7 security of TotalProtect Gold

    * The data is based on TotalProtect Gold’s estimated ranges on retail costs for replacement of the listed systems and appliances. Includes data from national independent service contractors.** See terms, conditions, and limitations in the contract enclosed in this kit. Covered systems and appliances must be in good working order at time of activation. Non-covered charges may apply to certain repairs and replacements.

    Replacement Cost Replacement Cost Without TotalProtect Gold* With TotalProtect Gold**Furnace $1,500 - $4,500 $85Air Conditioning $1,525 - $6,500 $85Refrigerator $ 550 - $1,500 $85Water Heater $ 500 - $1,500 $85Dishwasher $ 300 - $ 900 $85